From the abstract: "The
globalized and decentralized Internet has become the new locus for a wide range
of human activity, including commerce, crime, communications and cultural
production. Activities which were once at the core of domestic jurisdiction
have moved onto the Internet, and in doing so, have presented numerous
challenges to the ability of states to exercise jurisdiction. In writing about
these challenges, some scholars have characterized the Internet as a separate
“space” and many refer to state jurisdiction over Internet activities as
“extraterritorial.” This article examines these challenges in the context of
the overall international law of jurisdiction, rather than focusing on any one
substantive area. This article argues that while the Internet may push at the
boundaries of traditional principles of jurisdiction in public international
law, it has not supplanted them. The article explores the principles of
jurisdiction, including the evolving concept of “qualified territoriality,” and
demonstrates how these principles continue to apply in the Internet context.
The article examines how states exercise their authority with respect to
Internet activities by addressing governance issues, by engaging in normative
ordering for the Internet, and by extending the reach of their domestic laws to
capture Internet-based activities. Lastly, the article concludes by offering a
set of “first principles,” in the form of policy precepts, to guide the
evolution of public international law norms and to address problems particular
to the context of the global Internet." Read more
